The Government of the State of Israel and the Palestine Liberation
Organization (hereinafter "the PLO"), the representative of the
Palestinian people;
PREAMBLE
WITHIN the framework of the Middle East peace process initiated at Madrid
in October 1991;
REAFFIRMING their determination to live in peaceful coexistence, mutual
dignity and security, while recognizing their mutual legitimate and political
rights;
REAFFIRMING their desire to achieve a just, lasting and comprehensive
peace settlement through the agreed political process;
REAFFIRMING their adherence to the mutual recognition and commitments
expressed in the letters dated September 9, 1993, signed by and exchanged
between the Prime Minister of Israel and the Chairman of the PLO;
REAFFIRMING their understanding that the interim self-government arrangements,
including the preparatory arrangements to apply in the West Bank contained
in this Agreement, are an integral part of the whole peace process and
that the negotiations on the permanent status will lead to the implementation
of Security Council Resolutions 242 and 338;
FOLLOWING the Agreement on the Gaza Strip and the Jericho Area as signed
at Cairo on May 4, 1994 (hereinafter "the Gaza-Jericho Agreement");
DESIROUS of putting into effect the Declaration of Principles on Interim
Self-Government Arrangements as signed at Washington, D.C. on September
13, 1993 (hereinafter "the Declaration of Principles"), and in particular
Article VI regarding preparatory transfer of powers and responsibilities
and the Agreed Minutes thereto;
HEREBY AGREE to the following arrangements regarding the preparatory
transfer of powers and responsibilities in the West Bank:
ARTICLE I
DEFINITIONS
For the purpose of this Agreement, unless otherwise indicated in the
attached Protocols:
a.the term "the Palestinian Authority" means the Palestinian
Authority established in accordance with the Gaza-Jericho Agreement;
b.the term "Joint Liaison Committee" means the Joint Israeli-Palestinian
Liaison Committee established pursuant to Article X of the Declaration
of Principles;
c.the term "Interim Agreement" means the interim agreement referred
to in Article VII of the Declaration of Principles; and
d.the term "Israelis" also includes Israeli statutory agencies and corporations
registered in Israel.
ARTICLE II
PREPARATORY TRANSFER OF POWERS AND RESPONSIBILITIES
1.Israel shall transfer and the Palestinian Authority shall assume powers
and responsibilities from the Israeli military government and its Civil
Administration in the West Bank in the following spheres: education and
culture, health, social welfare, tourism, direct taxation and Value Added
Tax on local production (hereinafter "VAT"), as specified in this Agreement
(hereinafter "the Spheres").
2.For the purposes of this Agreement, the Palestinian Authority shall
constitute the authorized Palestinians referred to in Article VI of the
Declaration of Principles.
3.The Parties will explore the possible expansion of the transfer of
powers and responsibilities to additional spheres.
ARTICLE III
SCOPE OF THE TRANSFERRED POWERS AND RESPONSIBILITIES
1.The scope of the powers and responsibilities transferred in each Sphere,
as well as specific arrangements regarding the exercise of such powers
and responsibilities, are set out in the Protocols attached as Annexes
I through VI.
2.In accordance with the Declaration of Principles, the jurisdiction
of the Palestinian Authority with regard to the powers and responsibilities
transferred by this Agreement will not apply to Jerusalem, settlements,
military locations and, unless otherwise provided in this Agreement, Israelis.
3.The transfer of powers and responsibilities under this Agreement does
not include powers and responsibilities in the sphere of foreign relations,
except as indicated in Article VI(2)(b) of the Gaza- Jericho Agreement.
ARTICLE IV
MODALITIES OF TRANSFER
1.The transfer of powers and responsibilities in the sphere of education
and culture pursuant to this Agreement will be
implemented on August 29, 1994. The transfer of powers and responsibilities
in the remaining Spheres will be implemented in
accordance with Article XI below.
2.The transfer of powers and responsibilities shall be coordinated through
the Civil Affairs Coordination and Cooperation
Committee referred to in Article X below and shall be implemented in
accordance with the arrangements set out in this
Agreement in a smooth, peaceful and orderly manner.
3.Upon the signing of this Agreement, the Israeli side shall provide
the Palestinian side with, or enable free access to, all information that
is necessary for an effective and smooth transfer.
4.On the date of the transfer of powers and responsibilities, Israel
shall also transfer all movable and immovable property which
exclusively serves the offices of the Civil Administration in the Spheres,
including premises, whether government-owned or
rented, equipment, registers, files and computer programs. The treatment
of property which serves the offices transferred to the
Palestinian Authority as well as offices which are not so transferred
will be as mutually agreed between the two sides,
such as on the basis of sharing or exchange.
5.The coordination of the transfer of powers and responsibilities pursuant
to this Article shall also include a joint review of the
Civil Administration contracts the duration of which extends beyond
the date of the transfer with a view to deciding which
contracts will remain in force and which will be terminated.
ARTICLE V
ADMINISTRATION OF THE TRANSFERRED OFFICES
1.The Palestinian Authority shall be fully responsible for the proper
functioning of the offices included in the Spheres and for the
management of their personnel in all aspects, including employment
and placement of employees, payment of their
salaries and pensions and ensuring other employee rights.
2.The Palestinian Authority will continue to employ Palestinian Civil
Administration employees currently employed in the offices
included in each Sphere and shall maintain their rights.
3.The main office of each of the Spheres will be situated in the Jericho
Area or in the Gaza Strip. The Palestinian Authority will
operate the existing subordinate offices in the West Bank. The two
sides may agree on the establishment of additional
subordinate offices in the West Bank, if necessary, in such locations
as mutually agreed.
4.The Palestinian Authority has the right to coordinate its activities
in each of the Spheres with other Spheres in which it is
empowered.
ARTICLE VI
RELATIONS BETWEEN THE TWO SIDES
1.With regard to each Sphere, the Palestinian Authority shall coordinate
with the Civil Administration on issues relating to
other spheres in which the Palestinian Authority is not empowered.
2.The military government and its Civil Administration shall assist
and support the Palestinian Authority in promoting the effective exercise
of its powers and responsibilities. In addition, the military government
and its Civil Administration shall, in
exercising their own powers and responsibilities, take into account
the interests of the Palestinian Authority and do their
utmost to remove obstacles to the effective exercise of powers and
responsibilities by the Palestinian Authority.
3.The Palestinian Authority shall prevent any activities with a military
orientation within each of the Spheres and will do its
utmost to maintain decorum and discipline and to avoid disruption in
the institutions under its responsibility.
4.The Palestinian Authority will notify the military government and
its Civil Administration and will coordinate with them regarding any planned
public large-scale events and mass gatherings within the Spheres.
5.Nothing in this Agreement shall affect the continued authority of
the military government and its Civil Administration to exercise their
powers and responsibilities with regard to security and public order, as
well as with regard to other spheres not transferred.
ARTICLE VII
LEGISLATIVE POWERS OF THE PALESTINIAN AUTHORITY
1.The Palestinian Authority may promulgate secondary legislation regarding
the powers and responsibilities transferred to it. Such legislation includes
amendments and changes to the existing laws, regulations and military orders
specified in Appendix A to each Annex.
2.Legislation promulgated by the Palestinian Authority shall be consistent
with the provisions of this Agreement.
3.Legislation promulgated by the Palestinian Authority shall be communicated
to Israel which may, within a period of thirty (30) days, notify the Palestinian
Authority that it opposes such legislation for any of the following reasons:
a.it exceeds the powers and responsibilities transferred to
the Palestinian Authority;
b.it is inconsistent with the provisions of this Agreement; or
c.it otherwise affects legislation or powers and responsibilities which
were not transferred to the Palestinian Authority.
4.Where Israel opposes proposed legislation, it shall specify the reason
for the opposition.
5.If Israel has no reservations concerning the proposed legislation,
it shall accordingly notify the Palestinian Authority at the earliest opportunity.
If at the end of the thirty-day period Israel has not communicated any
opposition concerning the proposed legislation, such legislation shall
enter into force.
6.The Palestinian Authority may, in the event of opposition to the proposed
draft legislation, submit a new draft or request a review by the Legislation
Subcommittee established under the Gaza-Jericho Agreement.
7.The Legislation Subcommittee shall attempt to reach a decision on
the merits of the matter within thirty days. If the Legislation Subcommittee
is unable to reach a decision within this period, the Palestinian Authority
shall be entitled to refer the matter to the Joint Liaison Committee. The
Joint Liaison Committee shall consider the matter immediately and will
attempt to settle it within thirty days.
8.Where, upon communicating to Israel proposed legislation consisting
of detailed technical regulations, the Palestinian Authority states that
such regulations fulfill the requirements of paragraph 3 above and requests
a speedy review, Israel shall immediately respond to such a request.
9.Legislation regarding the West Bank shall be published as a separate
part of any publication of legislation regarding the Gaza Strip and the
Jericho Area issued by the Palestinian Authority.
ARTICLE VIII
LAW ENFORCEMENT
1.The Palestinian Authority may bring disciplinary proceedings concerning
persons it employs in the West Bank before disciplinary tribunals operating
in the Gaza Strip or the Jericho Area.
2.The Palestinian Authority may, within each of the Spheres, authorize
employees to act as civilian inspectors to monitor compliance with laws
and regulations in that Sphere, within the powers and responsibilities
transferred to the Palestinian Authority. Such inspectors shall operate
in each Sphere separately and shall not be organized into a central unit.
These inspectors shall not wear uniforms or carry arms, and shall not in
any other way have the nature of a police force. They shall be required
to carry the identification documentation referred to in paragraph 3 below.
The number of employees to be authorized as civilian inspectors shall be
agreed upon by both sides. The names of these employees shall be notified
to Israel and, where these employees enjoy privileges pursuant to subparagraph
3 below, shall be agreed upon by both sides.
3.The Palestinian Authority shall issue the civilian inspectors in the
West Bank with identification documentation specifying the office in which
they are employed. Such documentation shall be used for identification
and will not grant privileges, except those agreed in the Civil Affairs
Coordination and Cooperation Committee referred to in Article X below,
or immunities. This committee shall determine the format of the identification
documenation.
4.Except as specifically provided in this Agreement, all powers and
responsibilities regarding law enforcement, including investigation, judicial
proceedings and imprisonment, will continue to be under the responsibility
of the existing authorities in the West Bank.
ARTICLE IX
RIGHTS, LIABILITIES AND OBLIGATIONS
1.
a.The transfer of powers and responsibilities to the Palestinian
Authority under this Agreement will include all related rights, liabilities
and obligations arising with regard to acts or omissions which occurred
prior to the transfer. Israel and the Civil Administration will cease to
bear any financial responsibility regarding such acts or omissions and
the Palestinian Authority will bear all financial responsibility for these
and for its own functioning.
b.Any financial claim made in this regard against Israel or the Civil
Administration will be referred to the Palestinian Authority.
c.Israel shall provide the Palestinian Authority with the information
it has regarding pending and anticipated claims brought before any court
or tribunal against Israel or the Civil Administration in this regard.
d.Where legal proceedings are brought in respect of such a claim, Israel
will notify the Palestinian Authority and enable it to participate in defending
the claim and raise any arguments on its behalf.
e.In the event that an award is made against Israel or the Civil Administration
by any court or tribunal in respect of such a claim, the Palestinian Authority
shall, once the award has been paid by Israel, reimburse Israel the full
amount of the award.
f.Without prejudice to the above, where a court or tribunal hearing
such a claim finds that liability rests solely with an employee or agent
who acted beyond the scope of the powers assigned to him or her, unlawfully
or with willful malfeasance, the Palestinian Authority shall not bear financial
responsibility.
g.Notwithstanding subparagraphs 1.d through 1.f above, Israel may, pursuant
to agreement within the Legal Subcommittee of the CAC established under
the Gaza-Jericho Agreement, request an Israeli court or tribunal to dismiss
a claim brought before it and, with regard to a pending claim, dismiss
the claim and transfer the proceedings to a local court or tribunal.
h.Where a claim has been so transferred or where a new claim has been
brought in a local court or tribunal subsequent to the dismissal of the
claim pursuant to subparagraph 1.g above, the Palestinian Authority shall
defend it and, in accordance with subparagraph 1.a above, in the event
that an award is made for the plaintiff, shall pay the amount of the award.
i.The Legal Subcommittee referred to in subparagraph 1.g above shall
agree on arrangements for the transfer of proceedings from Israeli courts
or tribunals pursuant to subparagraph 1.g above and, where necessary, for
the provision of legal assistance by Israel to the Palestinian Authority
in defending such claims.
2.In accordance with paragraph 1 above:
a.The Palestinian Authority may bring legal proceedings in
respect of any acts or omissions relating to powers and responsibilities
transferred under this Agreement which occurred prior to the date of the
transfer. Israel shall provide the Palestinian Authority with the legal
assistance necessary to bring such proceedings.
b.The Palestinian Authority may collect any taxes due under Annexes
V and VI on the date of the transfer of powers and responsibilities in
respect of these taxes, and shall assume responsibility for the payment
of any rebates or refunds.
3.Subject to the provisions of this Article, the transfer of powers and
responsibilities in itself shall not affect rights, liabilities and obligations
of any person or legal entity, in existence at the date of signing of this
Agreement.
ARTICLE X
LIAISON AND COORDINATION
1.The Joint Civil Affairs Coordination and Cooperation Committee established
in accordance with the Gaza-Jericho Agreement, (hereinafter "the CAC"),
will deal with all issues of mutual concern regarding this Agreement.
2.The operation of the CAC shall not impede daily contacts between representatives
of the Civil Administration and the Palestinian Authority in all matters
of mutual concern.
ARTICLE XI
BUDGETARY ISSUES
1.The military government and its Civil Administration shall provide
the Palestinian Authority with full information concerning the budget of
each Sphere.
2.The Palestinian Authority shall immediately employ personnel who will
promptly begin the process of becoming acquainted with the current budget
issues. On the date of the transfer of powers and responsibilities in each
of the Spheres, these personnel will assume responsibility for all accounts,
assets and records on behalf of the Palestinian Authority.
3.Israel shall continue to provide the services of Israeli experts currently
employed in the fields of income tax and VAT to ensure a smooth transition
and efficient establishment of the taxation system of the Palestinian Authority.
The terms of their employment shall be agreed upon by the two sides.
4.The Palestinian Authority will do its utmost to establish its revenue
collection system immediately with the intent of collecting direct taxes
and VAT.
5.The two sides will jointly approach the donor countries during the
upcoming meetings of the Consultative Group and of the Ad Hoc Liaison Committee,
scheduled for September 8 through 10, 1994 in Paris, with a request to
finance the shortfall that may be created in the collection of the direct
taxes and the VAT during the initial period while the Palestinian Authority
establishes its own revenue collection system.
6.The two sides will meet no later than three days after the conclusion
of these meetings in order to decide on the date of transfer of powers
and responsibilities in the remaining Spheres, based, among other things,
on the response of the donor countries to the joint request.
7.The CAC will provide the donor countries, when necessary, with information
to help adjust the allocation of contributions as a result of variations
in tax collection.
8.The Palestinian Authority shall also assume full responsibility for
any additional expenditures beyond the agreed budget which is attached
as Schedule 1, as well as for any shortfall in tax collection that is not
actually covered by the donor countries.
9.If actual revenues from the Spheres, including the donor contributions,
exceed the budgeted revenues, the excess shall be applied to development
of the Spheres.
10.The inclusion of the sphere of VAT in the spheres to be transferred
to the Palestinian Authority shall constitute the adjustment referred to
in paragraph (3) of the Agreed Minute to Article VI(2) of the Declaration
of Principles, and no further adjustment shall be required.
ARTICLE XII
MUTUAL CONTRIBUTION TO PEACE AND RECONCILIATION
With regard to each of the Spheres, Israel and the Palestinian Authority
will ensure that their respective systems contribute to the peace between
the Israeli and Palestinian peoples and to peace in the entire region,
and will refrain from the introduction of any motifs that could adversely
affect the process of reconciliation.
ARTICLE XIII
FINAL CLAUSES
1.This Agreement shall enter into force on the date of its signing.
2.The arrangements established by this Agreement are preparatory measures
and shall remain in force until and to the extent
superseded by the Interim Agreement or by any other agreement between
the Parties.
3.Nothing in this Agreement shall prejudice or preempt the outcome of
the negotiations on the Interim Agreement or on the permanent status to
be conducted pursuant to the Declaration of Principles. Neither Party shall
be deemed, by virtue of having entered into this Agreement, to have renounced
or waived any of its existing rights, claims or positions.
4.The two Parties view the West Bank and the Gaza Strip as a single
territorial unit, the integrity of which will be preserved during the interim
period.
5.The Gaza Strip and the Jericho Area shall continue to be an integral
part of the West Bank and the Gaza Strip. The status of the West Bank shall
not be changed for the period of this Agreement. Nothing in this Agreement
shall be considered to change this status.
6.The Preamble to this Agreement and the Annexes, Appendices and Schedules
attached hereto, shall constitute an integral part hereof.
